Last year, the North Carolina General Assembly passed a measure creating a new crime specifically outlawing domestic violence.
Before the General Assembly enacted this new law, North Carolina police and prosecutors would use assault or other criminal offenses to prosecute crimes related to domestic violence. They may in some cases continue to do so.
Still, residents of Hillsborough and other communities around the Raleigh-Durham area who unfortunately have the police visit them in the aftermath of a family argument may wind up facing a charge under this new law.
The new law covers a range of domestic violence cases, including first-time offenses where there are no special circumstances. An offense is an A1 misdemeanor in North Carolina, meaning a person can face up to 150 days in some sort of placement and pay a fine.
There are many other serious consequences for a domestic violence conviction
Especially if they do not have a criminal record, a person may be fortunate enough to avoid the most serious criminal penalties under this new law or under other criminal laws related to domestic violence.
However, there are many other consequences to domestic violence convictions:
- Supposedly, one of the reasons for this new law is to make it clear that those convicted cannot possess a firearm under federal law.
- Even one conviction for domestic violence can lead to deportation if a person is not a citizen of the United States.
- A domestic violence conviction can affect a parent’s right to custody and parenting time, even if the person’s children did not witness or even know about the incident.
- Domestic violence convictions often come with serious and long-lasting professional consequences. Certain trades, professions or opportunities may be effectively off-limits for someone convicted of a crime of domestic violence.
- Protection orders related to domestic violence can significantly limit a person’s freedom.
Even if a person gets what seems like a generous plea offer, they should evaluate the legal options carefully and make sure they are able to live with all the possible fallout from a domestic violence conviction.
